by Stephanie Pottick, Esq., Pottick Law PC & Protect for Success
Bear in mind the Hebrew Nationwide scorching canine commercials from again within the day during which Uncle Sam is holding a scorching canine and the announcer claims their kosher beef canines “reply to a better authority”? (If not, look it up online.) Nicely, that’s what it’s like within the toy trade: We reply to a better authority.
In the case of creating, manufacturing, and promoting toys, children’s safety ought to at all times be prime of thoughts. Corporations creating merchandise for teenagers are answerable for guaranteeing these merchandise are secure, whether or not they’re motion figures or out of doors toys and video games (I can’t think about what warnings should be on dart video games!).
If a kind of merchandise causes hurt, the toy firm (and the manufacturing unit companion, the retailer, and doubtlessly anybody within the distribution chain for that product) could also be held legally and financially accountable.
That’s authorized legal responsibility.
If a kind of merchandise causes hurt, the toy firm (and the manufacturing unit companion, the retailer, and doubtlessly anybody within the distribution chain for that product) could also be held legally and financially accountable.”
Stephanie Pottick, Esq.
For the insurance coverage piece, there are different sorts of insurance coverage to assist defend what you are promoting from lawsuits and claims — like common legal responsibility, mental property, errors and omissions, and even recall insurance coverage, which I didn’t study till lately — however product legal responsibility insurance coverage is presumably a very powerful.
Tip: An skilled insurance coverage dealer, ideally one with expertise within the toy trade, is usually a beneficial useful resource that can assist you navigate not solely which sorts of insurance coverage are best for you, but additionally which quantities are acceptable for the sorts of merchandise you’re promoting.
Security testing is a good way to assist guarantee toys adjust to relevant legal guidelines. This could cut back legal responsibility by not promoting toys with dangerous parts. Plus, your testing lab ought to be capable to help with required warnings and packaging directions. Relying on who you’re promoting to and when you’re licensing, you could be required to each security check and have insurance coverage.
When creating your toys and merchandise, take into consideration how design matches into security. For instance, in case you are creating an R/C automobile or an outside jungle health club, your design ought to in all probability embody rounded edges as an alternative of sharp edges. No matter you are able to do up entrance within the course of may also help as a result of defects in your toy’s design can result in authorized legal responsibility if somebody is injured (or worse).
Bear in mind, “hoping for the very best” will not be a profitable technique. Lawsuits and recollects are expensive, so it is sensible to be proactive about limiting your authorized legal responsibility.
*Disclaimer: This text is for informational functions and never supposed as authorized recommendation. Don’t depend on something with out doing all of your due diligence first.
A model of this characteristic was initially printed within the 2025 Action & Adventure Issue of The Toy Guide. Click here to learn the complete situation! Wish to obtain The Toy Guide in print? Click here for subscription choices!
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